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Shared Ownership, removing ex from deeds?
sewbocushions
Posts: 43 Forumite
Hello,
I was wondering if anyone might be able to suggest how I can remove my husband's name from my shared ownership deeds/tenancy please?
We bought a 25% share in cash 3 years ago with money from the sale of my previous property. The housing association said that I should 'gift' my share to him as he had a better credit rating than my awful one and so the share was put in his name and I wasn't even on the tenancy. He moved out in May 2017 and said he doesn't want a claim on my money. The housing association refused my request to have his name taken off the house and have it put into mine as the contract they took out was with him, which is understandable. It's taken a while but I am now on the deeds as well but I don't know how next to proceed.
Financially, to them, it doesn't look as though I can afford to live there alone on my part-time wages, although I can just about manage. My friend pointed out that housing associations have legal obligations to the government to only rent their properties to suitable tenants and may not consider a single woman with a daughter away at university entitled to a 3 bed-roomed house which is why I haven't directly asked the housing association if I could remove my husband (with his consent) from the deeds. But what would they do if he had died? Surely they can't make someone sell up and move if they've never missed or been behind in their rent payments? Do I have to ask someone to pretend they are living there and come on the tenancy with me? I keep putting this off but really I need to get my husband off there as soon as I can either before he changes his mind and gets difficult or if he died and his children (not mine) try claiming his share in the house. We were only married just over a year. I'd like to get divorced but would have to have some kind of financial consent order made and tied in with that if the equity is still in his name I suppose.
I was wondering if anyone might be able to suggest how I can remove my husband's name from my shared ownership deeds/tenancy please?
We bought a 25% share in cash 3 years ago with money from the sale of my previous property. The housing association said that I should 'gift' my share to him as he had a better credit rating than my awful one and so the share was put in his name and I wasn't even on the tenancy. He moved out in May 2017 and said he doesn't want a claim on my money. The housing association refused my request to have his name taken off the house and have it put into mine as the contract they took out was with him, which is understandable. It's taken a while but I am now on the deeds as well but I don't know how next to proceed.
Financially, to them, it doesn't look as though I can afford to live there alone on my part-time wages, although I can just about manage. My friend pointed out that housing associations have legal obligations to the government to only rent their properties to suitable tenants and may not consider a single woman with a daughter away at university entitled to a 3 bed-roomed house which is why I haven't directly asked the housing association if I could remove my husband (with his consent) from the deeds. But what would they do if he had died? Surely they can't make someone sell up and move if they've never missed or been behind in their rent payments? Do I have to ask someone to pretend they are living there and come on the tenancy with me? I keep putting this off but really I need to get my husband off there as soon as I can either before he changes his mind and gets difficult or if he died and his children (not mine) try claiming his share in the house. We were only married just over a year. I'd like to get divorced but would have to have some kind of financial consent order made and tied in with that if the equity is still in his name I suppose.
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Comments
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Did you get a reply to this want to remove .my ex from rent of shared ownership.0
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Hi, no I didn't Dianne. I did find out from the housing association that I can't remove him unless someone else takes his place though, otherwise I have to sell up! Instead I am getting a solicitor to draw up a financial consent order to be added to the divorce to say that he can't claim any of the money invested in the property.0
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